PAGA

Subscribe to PAGA via RSS

Canales v. Wells Fargo Bank, N.A., 23 Cal. App. 5th 1262 (2018)

Fabio Canales and Andy Cortes sued Wells Fargo under PAGA for an alleged violation of Cal. Lab. Code § 226 for failure to provide an itemized wage statement concurrently with a terminated employee’s final wages paid in-store. The trial court granted summary judgment to Wells Fargo on the ground that it…

Raines v. Coastal Pac. Food Distrib., Inc., 23 Cal. App. 5th 667 (2018)

Terri Raines sued Coastal Pacific individually and under the Private Attorneys General Act (“PAGA”) for failure to furnish her and other employees accurate itemized wage statements showing the applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate as required…

Epic Sys. Corp. v. Lewis, 584 U.S. ___, 138 S. Ct. 1612 (2018)

The United States Supreme Court ruled that employers may require their employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in a class or collective action against the employer. In a 5-4 ruling in favor of an employer’s right to include class action waivers…

Serrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018)

Norma Serrano brought this putative class action against her employer (Aerotek), which placed her as a temporary employee with its client (Bay Bread). Serrano alleged violations of the Labor Code and of the Private Attorneys General Act (PAGA) based upon, among other things, Aerotek’s alleged failure to provide required meal periods. The…

Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018)

Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California wage statement statute (Cal. Lab. Code § 226(a)) based upon payments made to a union vacation trust fund authorized by the Labor Management Relations Act of 1947 (“LMRA”). The trial court sustained the…

Khan v. Dunn-Edwards Corp., 19 Cal. App. 5th 804 (2018)

Hamid H. Khan brought this lawsuit against his former employer pursuant to the Private Attorneys General Act of 2004 (“PAGA”) based on the fact that his final paycheck (in contrast to all other wage statements he had received) did not include the start date for the applicable pay period. Khan purported to sue…

Lopez v. Friant & Assocs., LLC, 15 Cal. App. 5th 773 (2017)

Eduardo Lopez filed this action seeking recovery of civil penalties under the Labor Code Private Attorneys General Act of 2004 (“PAGA”) for his employer’s failure to include the last four digits of its employees’ Social Security numbers or employee identification numbers on itemized wage statements in violation of Cal. Lab. Code §…

Mendoza v. Nordstrom Inc., 865 F.3d 1261 (9th Cir. 2017)

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows:

  1. A day of rest is guaranteed for each workweek. Periods of more than six consecutive days of work that stretch across more than one workweek are not per

…

Williams v. Superior Court, 3 Cal. 5th 531 (2017)

Michael Williams was an employee of Marshalls of CA in Costa Mesa, California. After slightly more than a year of employment, Williams brought a representative action against Marshalls under the Labor Code Private Attorneys General Act of 2004 (“PAGA”), alleging Marshalls had failed to provide its employees with meal and rest breaks, accurate wage statements,…

Minnick v. Automotive Creations, Inc., 13 Cal. App. 5th 1000 (2017)

Nathan Minnick, who had worked for only six months before his employment ended, sued his former joint employers under PAGA, alleging their vacation policy violated state law because it required employees who worked for less than one year to forfeit their vested vacation pay. The trial court sustained the employers’ demurrer and dismissed the…